TNAG-1373-FCO40-1819-Ministerial-visits-from-the-UK-to-Hong-Kong-1985 — Page 76

ME 2AEK

CONFIDENTIAL

BACKGROUND

1.

Nationality is a particularly sensitive issue in

Hong Kong. Many people there believe that the BNA 1981

was specifically passed to give them a second class

citizenship and prevent them emigrating to the UK as 1997

approaches.

There will therefore be considerable

suspicion of the Nationality Order in Council.

2.

Mr Renton i s familiar with the Order which was

published in a White Paper in Hong Kong and the UK on 17

October. I t is designed to give legislative effect to

the terms of the UK Memorandum on nationality associated

with the Joint Declaration. It provides that BDTCs by

virtue of a connection with Hong Kong will lose that

status on 1 July 1997, but will be able to acquire BN(O)

status and retain it for the rest of their lives. The

Chinese position is that BDTCs of Chinese origin in Hong

Kong are Chinese citizens. They were however prepared,

even though they do not recognise dual nationality, for

those who were BDTCs in 1997 to retain a form of British

Nationality, so long as

it was not called BDTC, for the

rest of their lives.

3.

The Order has been published two months before the

proposed date for Parliamentary debate in order

in order to allow

the people of Hong Kong time to express their views.

LEGCO are likely to debate it. It will then be debated

"with green edges" by Parliament, withdrawn and if

necessary

amended, before being formally laid next year

and debated in the normal way under affirmative

resolution procedures. The parliamentary timetable has

not yet been agreed with the whips, but we expect the

first debate to take place in mid-December.

4. We continue to be criticised by the Indian community in Hong Kong, who claim that they will be made stateless

by the

In fact we have

for provided

children and grandchildren of former BDTCs born after

agreement.

the

CONFIDENTIAL